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Homeless refugee in High Court action among those offered shelter

The man had slept outside the International Protection Office for a number of nights
The man had slept outside the International Protection Office for a number of nights

The High Court has been told that an Afghan asylum seeker who took a case against the State has been offered accommodation in a hostel.

The man had applied to the court for mandatory orders requiring the State to provide him with basic accommodation as required by an EU directive.

Lawyers for the State said the legal action did not "trigger" the man getting accommodation, saying he had reached the top of the queue.

Mr Justice Charles Meenan was told the man, who cannot be identified, was offered accommodation yesterday and has moved into a hostel today.

Colm O'Dwyer, senior counsel for the man, said therefore the case is now "mute" and there is no need to proceed.

Mr Justice Meenan said the issues raised are extremely important and go well beyond the applicant.

He said it is important that although the matter is moot that there is "some jurisdiction of the court to look at the issues that have arisen and how they've been dealt with by the Minister".

Senior Counsel for the State David Conlan Smyth said the minister takes the issues raised very seriously.

He agreed with the court saying these are issues that not only impact this man but every single male arriving in the State seeking international protection.

Mr Conlan Smyth said this court case did not "trigger" the man getting accommodation, saying his turn in the queue had come.

He said the minister has a "well planned and thought out queuing system in place" and most , if not all, of those who applied for protection around 30 January have been accommodated.

The court heard on Wednesday that the man had arrived in Ireland on 28 January last and slept outside the International Protection Office for two nights until it opened on Monday 30 January.

He applied for international protection and sought material reception conditions and in particular accommodation.

The man was told there was no accommodation available and was advised to stay with friends or relatives.

He informed the IPO that he had no friends or family in Ireland. He was given a €25 voucher, with which he bought blankets and a pillow.

After repeated requests to International Protection Housing Services, the man was told there was no accommodation available amid a national shortage and informed he would be contacted if housing became available, but was not given a timeline.

The man then sought help from the Irish Refugee Council Independent Law Centre, which is assisting him with his case.

The issues of costs will be dealt with on 10 March.

In his application to the court, the man said he was a shopkeeper in Afghanistan who had trouble from the Taliban before they took power.

He was sent death threats and decided to leave after an incident near his shop where some Taliban fighters were killed by the police.

Meanwhile, the number of asylum seekers without State-provided accommodation has fallen slightly to 184, after 26 who were initially refused shelter were offered a space yesterday.

Additional reporting Laura Fletcher